The quoted words in the heading of this article, are those that appeared prominently on the ‘Home News’ page of the DAILY NEWS of Tuesday, May 24th, 2022. My attention was drawn particularly to the word “reconciliation”, which the Oxford English Dictionary defines as follows:- “An end to a disagreement, and the start of a good relationship again”.
We are all presumably aware, of the matters about which there has been political disagreement which now requires dialogue and reconciliation. And what President Samia has done in recent weeks, is to open the door for dialogue between the ruling party CCM, and the Opposition political parties; by holding talks with Opposition CHADEMA team of politicians, led by Freeman Mbowe, the Chairman of CHADEMA; and some of the other Opposition leaders, including ACT WAZALEDO Chairperson Juma Duni Haji.
The President opened his dialogue in order to seek reconciliation over matters which had raised serious disagreements, including the persistent demands for a “new” constitution, and an “independent” Electoral Commission (which would provide a level playing field to all the parties that participate in electoral competitions); plus a number of other issues relating to the need to provide “a fair and equal space” for all the political parties to freely carry out their political activities and operations.
In the words of the said DAILY NEWS report, “CCM insisted on the need to intensify political dialogue and reconciliation, with a view to creating equality (of political space) in the community, freedom of expression, and political participation; provided that the laws of the country are abided by”.
Regarding this particular matter, I wish to submit that this “insistence” on the part of CCM is not at all new; for it is based on CCM’s traditional commitment to this principle of providing “equal opportunities”, particularly in relation to electoral competition matters. CCM’s traditional commitment.
In the instant case, ‘political reconciliation’, i.e. “an end to a disagreement, and the start of a good relationship again” has become necessary, simply because of serious disagreements which have repeatedly arisen on certain specified basic issues; thus making it necessary for a dialogue to be held, order to achieve reconciliation. It is, essentially, a matter of creating a ‘level playing field’ , to facilitate the carrying out of normal political activities and operations in our country. Undoubtedly, “dialogue” is the most reliable strategy for resolving such kinds of disagreements and conflicts.
However in this analysis, I wish to point out that CCM (and its Tanzania Mainland predecessor TANU), have always observed this principle (or political requirement), for creating “ equality of political space” in our community, as this was being done even during the period of the former ‘single-party’ political system; when rules were first made to ensure the strict observation of this principle.
Thus, for the sake of preserving that bit of history; I propose to travel a little way ‘down memory lane’ , in order to provide evidence, to show that right from the time of the “One-party” political system; CCM was absolutely determined to establish a conducive environment which would provide a level ‘playing field’ for fair electoral competition, even, at that time, between individual candidates nominated by that single political party.
Regarding this particular matter, I wish to submit that this “insistence” on the part of CCM is not at all new; for it is based on CCM’s traditional commitment to this principle of providing “equal opportunities”, particularly in relation to electoral competition matters. CCM’s traditional commitment.
In the instant case, ‘political reconciliation’, i.e. “an end to a disagreement, and the start of a good relationship again” has become necessary, simply because of serious disagreements which have repeatedly arisen on certain specified basic issues; thus making it necessary for a dialogue to be held, order to achieve reconciliation. It is, essentially, a matter of creating a ‘level playing field’ , to facilitate the carrying out of normal political activities and operations in our country. Undoubtedly, “dialogue” is the most reliable strategy for resolving such kinds of disagreements and conflicts.
However in this analysis, I wish to point out that CCM (and its Tanzania Mainland predecessor TANU), have always observed this principle (or political requirement), for creating “ equality of political space” in our community, as this was being done even during the period of the former ‘single-party’ political system; when rules were first made to ensure the strict observation of this principle.
Thus, for the sake of preserving that bit of history; I propose to travel a little way ‘down memory lane’ , in order to provide evidence, to show that right from the time of the “One-party” political system; CCM was absolutely determined to establish a conducive environment which would provide a level ‘playing field’ for fair electoral competition, even, at that time, between individual candidates nominated by that single political party.
And, indeed, this commitment and determination were amply demonstrated at the time of the first post-independence general election of 1965; when the election laws and the relevant Regulations were put in place, which made strict provisions for ‘fair electoral competition,’ plus the procedures for the enforcement of these provisions.
For example, in respect of Parliamentary elections, the Elections Act (no, 46 of 1965) made provision for the appointment (by the electoral commission), of “supervisory delegates”, who were tasked to ensure that each candidate “was given a fair and equal opportunity” to answer questions put to him or her by the District Electoral Conference; and to report on any failure to afford such fair and equal opportunity to any candidate; or any non-compliance with the provisions of the Election law”.
And even at the time of transition to multi-party politics in 1992; CCM’s commitment to providing a ‘level playing field’ was again amply demonstrated, when CCM was supervising the crafting the Amendments to the Constitution; and enacting the other laws and procedures, that would govern the operations of this new political system.
In the first place, CCM chose to ‘sacrifice’ all of its previous privileges which it had entitled to under the ‘One-party’ political system; as detailed in the paragraphs which follow below.
For example, in respect of Parliamentary elections, the Elections Act (no, 46 of 1965) made provision for the appointment (by the electoral commission), of “supervisory delegates”, who were tasked to ensure that each candidate “was given a fair and equal opportunity” to answer questions put to him or her by the District Electoral Conference; and to report on any failure to afford such fair and equal opportunity to any candidate; or any non-compliance with the provisions of the Election law”.
And even at the time of transition to multi-party politics in 1992; CCM’s commitment to providing a ‘level playing field’ was again amply demonstrated, when CCM was supervising the crafting the Amendments to the Constitution; and enacting the other laws and procedures, that would govern the operations of this new political system.
In the first place, CCM chose to ‘sacrifice’ all of its previous privileges which it had entitled to under the ‘One-party’ political system; as detailed in the paragraphs which follow below.
The word “sacrifice” is used here in its ordinary meaning and usage, which is : “the act of giving up something which is important or valuable to you, in order to achieve something that is more important”. Such privileges were, no doubt, “important and valuable” to CCM in its normal operations, but CCM was willing and ready to give them up, in order to achieve the more important objective of ‘creating harmony’ in the country’s emerging multi-party community. And it is precisely for that reason, that CCM willingly and promptly deprived itself of the following privileges:-
(i) Its entitlement to receive subvention funds from the government with effect from 1st July, 1992; until such time when an agreed formula will have been worked out, which will enable all the political parties to receive subventions from the government.
(ii) Its entitlement to impose a levy public contributions for specified purposes, mainly the construction of CCM’s properties, particularly infrastructure projects.
(iii) Its entitlement to establish CCM Branches in all public institutions, including the armed forces, and the Civil Service Ministries and Departments.
But in addition, other steps were also promptly taken. to restructure the vast administrative apparatus of that party; in recognition of the fact that under the multi-party system CCM’s role would change drastically, from being a party that was “the final authority in respect of all matters in the United Republic”; to an electoral organization whose primary purpose was “ to compete in elections”, on an equal footing with the other political parties.
But in addition, other steps were also promptly taken. to restructure the vast administrative apparatus of that party; in recognition of the fact that under the multi-party system CCM’s role would change drastically, from being a party that was “the final authority in respect of all matters in the United Republic”; to an electoral organization whose primary purpose was “ to compete in elections”, on an equal footing with the other political parties.
For example, it was agreed that under the changed system, the relationship between the party and the government must be changed. Thus, for example, instead of the previous practice whereby the party was giving specific directives to the government for implementation, it was agreed that the party would only be making binding promises in its election manifesto, which would be implemented by its government during the next five years of the next following leadership period, should the party win the relevant election. This, indeed, is the normal practice in all jurisdictions that operate under the multi-party political system.
The orderly democratization process.
It may also be helpful, especially for our younger generation readers, to give a brief background history to this interesting democratization process; which was commendably systematic and orderly. There were two separate processes: the political process; and the legislative process.
The political process officially kicked off with the appointment, on 27th February, 1991, of a Presidential Commission, which was placed under the chairmanship of Tanzania’s Chef Justice, Mr. Justice Francis Nyalali; with the following terms of reference:-
It may also be helpful, especially for our younger generation readers, to give a brief background history to this interesting democratization process; which was commendably systematic and orderly. There were two separate processes: the political process; and the legislative process.
The political process officially kicked off with the appointment, on 27th February, 1991, of a Presidential Commission, which was placed under the chairmanship of Tanzania’s Chef Justice, Mr. Justice Francis Nyalali; with the following terms of reference:-
(i) To collect and coordinate the people’s views regarding the current debate on whether to retain the present one party political system, or to introduce a change to the multi-party system. (ii) To identify, consider, and make appropriate recommendations, regarding the advisability, prudence, or necessity of either retaining the present system or changing to the multi-party system.
(iii) To identify any possible advantages or disadvantages, that might result from the adoption of either option.
(iv) To consider and recommend any appropriate constitutional, legal and political strategies, for protecting our nation against any political, or security problems, that might result from the adoption of either option.
(v) To consider and recommend suitable strategies, for expanding and strengthening democracy generally in the country, irrespective of which political system is adopted.
(vi) To consider and recommend any practical reforms, that should be made to the Constitutions of the United Republic, and of Zanzibar; and/ or to any other laws; or to the country’s political culture; for achieving the basic objective of strengthening democracy.
(vii) To identify any other problems or diverse effects that might arise, with regard to Zanzibar’s position in the Union in case it is decided to change the political system; having regard to Zanzibar’s bitter political past, and the unpleasant memories thereof “.
I had the good fortune of being appointed a member of that Commission. We worked hard and diligently, and were able to present our final Report to President Ali Hassan Mwinyi within the allotted time period; in which we unanimously recommended that the change to the multiparty system should be adopted.
I had the good fortune of being appointed a member of that Commission. We worked hard and diligently, and were able to present our final Report to President Ali Hassan Mwinyi within the allotted time period; in which we unanimously recommended that the change to the multiparty system should be adopted.
However, this recommendation was in total contradiction with results of the actual responses which the Commission had received from the general public, which the Report itself showed that an overwhelming majority of 80% had rejected the proposal for change; with only 20% having supported that proposal. But we had, in its Report, fully explained the reasons for going against that majority view; reasons which easily convinced the CCM decision makers.
Thus, during the months of January and February, 1992, extraordinary meetings of the top party organs were held, which unanimously accepted the Nyalali Commission basic recommendation, namely that Tanzania’s political system be changed to the multi-party system; and, accordingly directed the government to take the appropriate necessary actions for its effective implementation.
The legislative process.
The legislative process having was commenced soon after the political process had been completed, during the Parliament session of April/May, 1992, when the government introduced a number of Bills for that purpose, , starting with the “Bill for the 8th Amendment of the Constitution”; which was designed to remove all the provisions that had established CCM’s monopoly over all the country’s political activities. This Bill was adopted on 7th May, 1992; but it stipulated that the amended constitution would become effective from 1st July, 1992.
Thus, during the months of January and February, 1992, extraordinary meetings of the top party organs were held, which unanimously accepted the Nyalali Commission basic recommendation, namely that Tanzania’s political system be changed to the multi-party system; and, accordingly directed the government to take the appropriate necessary actions for its effective implementation.
The legislative process.
The legislative process having was commenced soon after the political process had been completed, during the Parliament session of April/May, 1992, when the government introduced a number of Bills for that purpose, , starting with the “Bill for the 8th Amendment of the Constitution”; which was designed to remove all the provisions that had established CCM’s monopoly over all the country’s political activities. This Bill was adopted on 7th May, 1992; but it stipulated that the amended constitution would become effective from 1st July, 1992.
Soon thereafter, the government introduced a series of other Bills for the enactment of many other laws, for the following specified purposes:-
(i) To prescribe the terms, conditions, and procedures, for the registration of new political parties; by providing for the appointment of a ‘Registrar of Political Parties’; and imposing a duty on all such parties (including the existing CCM), to apply to the Registrar for registration (or new registration in the case of CCM).
(ii) To make consequential provisions, which would enable the country to move smoothly to the new multiparty democracy system; such as the continuation of the existing Legislature to the time when the first multiparty general election would be held in 1995; and also the continuation of the existing Judiciary.
(iii) To amend the election laws (for both the Parliamentary and the Local Authority elections), in order to enable candidates from different political parties to participate therein.
(iv) To change the composition of Local Government Village, District, and Urban Councils, in order to remove all the CCM officials who were ex-officio members of such Councils, and to replace them with popularly elected members, who would be sponsored by their respective political parties.
And, in addition, Parliament also promptly amended its own Standing Orders and Rules of procedure, in order to accommodate the new political system.
piomsekwa@gmail.com / 0754767576.
(ii) To make consequential provisions, which would enable the country to move smoothly to the new multiparty democracy system; such as the continuation of the existing Legislature to the time when the first multiparty general election would be held in 1995; and also the continuation of the existing Judiciary.
(iii) To amend the election laws (for both the Parliamentary and the Local Authority elections), in order to enable candidates from different political parties to participate therein.
(iv) To change the composition of Local Government Village, District, and Urban Councils, in order to remove all the CCM officials who were ex-officio members of such Councils, and to replace them with popularly elected members, who would be sponsored by their respective political parties.
And, in addition, Parliament also promptly amended its own Standing Orders and Rules of procedure, in order to accommodate the new political system.
piomsekwa@gmail.com / 0754767576.
Source: Cde Msekwa.
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